STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
AND REVOKING RENT ADMINISTRATOR'S ORDER
On November 17, 1988, the above-named petitioner-owner filed a
Petition for Administrative Review (PAR) against an order of the
Rent Administrator issued on October 12, 1988, concerning the
housing accommodation known as Apartment 5-N, 175-45 88th Avenue,
Queens, New York, wherein the Administrator determined that the
owner was not maintaining required services, directed restoration
of such services, and ordered a rent reduction.
The Commissioner has reviewed all of the evidence of record and has
carefully considered that portion relevant to the issues raised on
A review of the record reveals that the tenant filed a complaint on
October 8, 1987, alleging a decrease in certain services.
The complaint was served on the owner on January 22, 1988. In
response, the owner stated that the tenant has filed four separate
complaints for which contradictory orders were issued by the
Division and that the tenant does not provide access for the
purpose of allowing the owner to make repairs.
A Notice of Inspection (For Access) was sent to the owner and
tenant on August 16, 1988, scheduling an inspection and a date for
repairs to be made on August 25, 1988. The inspector reported that
the managing agent, superintendent, and tenant were present and
that repairs were to be made to the kitchen floor, the leaking
bedroom sink and the venetian blinds within two weeks. All other
repairs were found to have been completed.
In a second inspection on September 27, 1988, the inspector
reported that the metal strip joining the new flooring needed to be
renailed, that the bathroom sink faucet was leaking, that the
toilet would not stop running, and that both bedrooms had new
Based on this second report, the Rent Administrator issued the
order appealed herein.
In the petition for administrative review, the owner describes the
many other proceedings initiated by this tenant and claims that
DHCR has issued duplicative and contradictory orders.
The petition was served on the tenant on January 10, 1989. In
response, the tenant denied ever not giving access and claimed that
the owner sends unqualified workers who do not do the repairs
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be granted
and the Rent Administrator's order should be revoked.
A review of the record in the instant case, as well as other
proceedings before the Division reveals that of the four conditions
cited in the Rent Administrator's order, there was a prior rent
reduction which was still in effect for the defective flooring and
the leaking bathroom sink faucet (QS003201S), the tenant did not
complain about the toilet, and the inspector reported that new
venetian blinds had been installed. Accordingly, there was no
basis for ordering this rent reduction.
The Division's records also reveal that the owner's rent
restoration application was granted (CK110067OR), that the subject
apartment is now a cooperative no longer subject to stabilization,
and that the tenant is no longer in occupancy.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, granted and
the Rent Administrator's order be, and the same hereby is, revoked.
JOSEPH A. D'AGOSTA